 "The word sedition gives the impression we live in a monarchy: G S Bajpai")
Sedition law should be applied only in cases where there is a high likelihood of inciting hatred and violence, says G S Bajpai, vice-chancellor, National Law University, Delhi, in conversation with Aditi Phadnis.
Union Home Minister Amit Shah had constituted a committee to rewrite the IPC, CrPC, and other laws to make them suitable for modern India. You were part of the committee. What were your recommendations?
Union Home Minister Amit Shah had constituted a committee to rewrite the IPC, CrPC, and other laws to make them suitable for modern India. You were part of the committee. What were your recommendations?
The report is under consideration at a government level and no comments are warranted.
The Supreme Court has told the government to refrain from registering FIRs until the law on sedition (124A) is revised. The government has said it is in an advanced stage of revising it. What are the most problematic issues and will sedition be de-criminalised?
Nearly 13,000 individuals have been charged under Section 124A since 2010. The law essentially functions as a measure to prevent and regulate certain activities. The data of the National Crime Records Bureau (NCRB) shows that the conviction rate is too low. The need is twofold: First change the very expression “sedition” because this gives the impression we live in a monarchy; secondly, the SC judgment in the Kedarnath case needs to be factored in and the guidelines formulated can serve as major protection against the misuse of this law. The blanket use of this law in all kinds of activities seemingly against the state needs to be graded for proportionate punishment.
Multiple SC rulings have stated a speech would amount to sedition only if it involves incitement to violence or public disorder. Yet many have been charged with sedition, which is defined as any act or attempt “to bring into hatred or contempt, or … excite disaffection towards the government”. How can modern India square the circle?
The laws having a bearing on the fundamental freedoms in a constitutional democracy must be invoked with great care. The state in a liberal democracy ought to be more tolerant of dissent and criticism of the state (than it is now). As a last resort, sedition law should be applied only in cases where there is a high likelihood of inciting hatred and violence.